New system of federal administrative review commencing in October

Date published:

A new, fit-for-purpose federal administrative review body will commence operations on 14 October 2024, replacing the Administrative Appeals Tribunal (AAT).

The Administrative Review Tribunal (ART) will implement reforms to Australia’s system of administrative law to deliver high quality and accessible review of Government decisions for all users.

The jurisdiction of the ART will be the same as the AAT, which reviews decisions under a number of Acts and interests, including those related to child support, social security and the NDIS, workers’ compensation, migration and refugee visas, taxation, security and veterans’ entitlements.

The new tribunal will continue to review decisions in a way that is designed to be user-focused, efficient, accessible, independent and fair – resolving applications in a timely manner, being accessible and responsive to diverse needs of parties and improving the transparency and quality of government decision-making.

The federal Administrative Review Tribunal is distinct from the Norfolk Island Review Tribunal (NIART), which deals exclusively with matters relating to the Norfolk Island Regional Council, and will not impact the work of, or the cases before, the NIART.

Legislation to abolish the AAT and replace it with the ART passed the Parliament in May 2024, and is part of the Australian Government’s reform agenda for Australia’s system of review.

All matters currently before the AAT will continue as usual and will automatically transition to the ART upon its commencement in October.

Norfolk Islanders who have applied to the AAT for review of a decision do not need to submit a new application. All AAT decisions that have already been finalised will not be considered again by the ART.

The Honourable Justice Emilios Kyrou AO is the inaugural President of the ART, having been appointed President of the AAT on 9 June 2023, and will lead the new Tribunal through the transition.

For more information on the ART, its key features and the transition process visit https://www.ag.gov.au/legal-system/new-system-federal-administrative-review.